tv Your World With Neil Cavuto FOX News December 14, 2010 4:00pm-5:00pm EST
saturday. >> and the next fellow shares that are concern. thank you very much, from washington, dc. you will have a lot of this in a couple hours. dumping 2,000 pages on congress demanding they vote on it when three days, sound familiar? and here is oklahoma senator coburn not a fan of this thing. here we go again, senator. what are you going to do? >>guest: well, it should not be called an omnibus but an omni terrible, i don't know who wasn't listening in washington the last election. this is exactly the kind of mischief the american people are sick of. >>neil: did anyone know this was coming, going through the earmarks, and extenders and special breaks, whatever they are called that are tucked inside the 2,000-page monster but they are front loading this, the democrats, who are in the majority in the lame duck
session and they can say vote on this first, before anything else, can they? >>guest: they can. if they get the votes to proceed they will get it with some republican votes. but the point is, it denies the real problems that are in front of our nation. and there are $12 billion in gimmicks to make it look better than what it is loaded with thousands of earmarks that have not seen the light of day. we have not seen the report language and that is part that is important where we find out what is in the bill. they will not even tell us when we get to see the report language. neil cavuto when -- just to be clear to a lot of people knew to this process, this is new to this process, because this kind of thing is rarely done in a lame duck session but now, with days to spare, and not many days to spare, you have all the other issues, and then this was sort of dropped on you like an
exploding furnace in a house, and in the middle of the christmas celebration. what do you do? >>guest: well, there are a lot of things to do and i don't went to talk about them now because i don't necessarily want the majority leader to know what i am going to do. but there are ways to slow this puppy down and make it ... if they are going to steal more money and they are going to con any -- confiscates transparency from the membership we should stop this. >>neil: if you don't, and this is in the imrobbed, whether you find it offensive or not, they claim that you risk shutting the government down. do you? >>guest: well, the government is shut down on saturday if we fund it by sunday, but the question, the real question, not is whether the government shuts down but is whether or not the career politicians in washington still have ear muffs on and cannot hear the american people screaming about what they would like to see.
and it also does one other thing that is very important: we have a debt limit increase coming up in april or may and if you pass an omnibus you take away any opportunity for republicans to cut the size of the government over the next year. so, we will not have an opportunity to do rescissions in the house. we will not have an opportunity to address the real problem which is impending bankruptcy of the united states, all because people have to have their earmarks. >>neil: if i understand this correctly you had the debt limit raised equal to someone having their visa or mastercard credit line increased so you have built in wiggle room for the government to keep operating with an extended credit line, but if i understand you correctly, senator, this monster that we have here is the means by which you continue that government. in other words, the money is there, and now you fill in the pages, right?
>>guest: the money would continue until september 30 but the point i made is if there is a continuing cr until february of next year, with a republican control of the house, what we can do is we can use the refining and cutting of the government to get the votes to raise the debt limit but we should be able to cut hundreds of billions from the budget and we are not going to have that opportunity because they are going to force this omnibus through. >>neil: what if they don't and they realize they have put something on you which is not enough time to read it even if you are a speed reader, even if you are einstein and they say well, we will work on what we agreed with, such as extending bush-era tax cuts and the new start agreement and then get to this. can they do that? >>guest: you can do a clean c.r. and you do not have any problems in it, pass a clean
c.r. if harry reid puts that on the floor. >>neil: a clean c.r. would not have the extra goodies? >>guest: no of the troublesome items that make america sick. in february we would relock at -- relook at it and fund the government. there is a big shift in the house of representatives, and americans understand jobs and spending and to not pay attention to that is ... to me it is almost, well, i will not say the word i am thinking but it does not give any confident to the american people that washington is listening any louder than before. >>neil: and now the you know what has hit the fan. and health care law, the justice department saying today that it will appeal a judge's rule declaring the central mandate unconstitutional. and incoming house speaker
boehner urging the states to run with the ruling and stop all plans to implement the law. is that illegal? judge napolitano says "yes." >>judge napolitano: the states have engaged in a refusal to obey a federal law when the federal law encroaches upon state sovereignty or violates a fundamental right that people in the states have. it is done in soft are ways. for example, the congress has mandated time zones on some states where the time zone runs through the states have disregarded the congress and picked one they want. the congress said all use of marijuana is unlawful. but, 14 states have medical marijuana in defiance. the congress has said to all states comply with the real i.d. act which is an imprint inside your driver's license and 47 states said "no."
so speaker boehner assuming the obligation to buy health insurance will be found unconstitutional by the supreme court, assumes that other parts will, as well. >>neil: but didn't a judge say that was not the case? the beef was with the you have for get health care coverage. >>judge napolitano: the reminder of the statute was not before him. the only thing before him --. >>neil: the allowance, and all of that he said was untouched. >>judge napolitano: correct, so john boehner is saying to the states, before you raise your taxes and spend them the way the congress hold you, before you set up the co-opts and exchanges , if there could be no market for those things, and the rest of the statute could, therefore, crumple so i suggest to you, governor chris christie of new jersey, by way of example, and a friend of ours and one we admire, do not do it yet. because this house of cars could clap. that is a great american
tradition of states. he is in risk violating the law but sometimes the feds are toothless, if 47 states say they are not complying with the real i.d. action, and the penalty is you cannot get in federal ibleddings, the federal government can not keep the people out of the 47 buildings or they cannot do their buildings. >>shepard: so we looked to congress to change it but it could have started with a judge if virginia to unravel it. >>guest: it is the job of judges to stop the government when it exceeds the constitution. that is what the judge did yesterday, and i saw it fidelity to the constitution. reminding the congress that they cannot do something that the constitution doesn't authorize them to do. >>neil: very well put. you cannot get enough of this stuff? further can millions of more,
watch "freedom watch," at 8:00 p.m., and some of you do not have fbn, demand it. the judge will point a different finger at you if you do in the. and then there is this. surprise! yes, indeed, penguins taking off as you heard, those are not republicans or democrats, they are santa's helper after making the trip from the north pole trying to fine out who is naughty or nice, and look to your world when, and we are tracking who is being naughty with your money and who is being nice with it. we are live tomorrow from a mall in new jersey. stay tuned.
i'd get this tightness in my chest. so i went back to my doctor again. we chose symbicort to help control my asthma symptoms all day and night. [ man ] symbicort improves my lung function, starting within 15 minutes. symbicort will not replace a rescue inhaler startifor sudden symptoms.. it is a combination of two medicines and should not be taken more often than prescribed. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems,
and children and adolescents may have an increased risk of being hospitalized for asthma problems. >>neil: and a headache for republicans, with 2,000 make omnibus spending bill dropped on their laps "read it and vote," when 72 hours and the republican leader is not happy. i hope that our friends in the house of representatives will understand that is the best way to go forward, pass the fat bill, and get it down to a president who supports the understanding. with regard to spending. where we are is reminiscent of last year. many of you were here. it was december. either snow on the ground or snow on the way. and all of a sudden, we had if that case a 2,700-page bill that
no one had seen and we were trying to jam it through the senate. fast forward a year. december. cold outside. snow is on the way. and we have another if this case almost 2,000-page bill that no one has seen at least on my side of the aisle. maybe some of my members have seen parts of it. no one has seen it. not a single appropriation bill has passed the floor. not one. so the full senate has had no impact, no input, no input on this bill whatever and this is exactly what the american people said november 2nd they did not want us too s theovmi majitewfemrs conferene that neither the omnibus which we just got today and are in the process of figuring out what is in it, or the c.r. are the best
way to go forward. we ought to pass a short-term c.r., probably until next february, and go about the process in a way that the american people can understand that is fully transparent and i hope that is what at the end of the day the senate will decide to do. i wanted to call your attention to remarks that our colleague, senator greg made, the final speech on the senate floor at 2:00, a remarkable speech as you would imagine coming from senator greg who has had so long here, and has, really, exercised incredibly good judgment but he said the senate is a are you seek institution and probably the linchpin of our government because without the kind of debate that is afforded in the senate, the opportunity to offer amendments, each senator's right s we would be little more than a parliamentary body like the governments of europe, for example. and that is what makes our
country unique. and it is in that context here a week before, i was going to say a week before the christmas recess but maybe i speak too quickly, i consider what he said against the backdrop of what the majority leader said the agenda for the next several days would be. i appreciate that the majority leader has everyone tugging on his sleeves. his democratic counter parts in house. his democratic colleagues. the white house. and some republicans. and it is hard to say "no." but at some point you can no longer, with a straight face, carry the proposition that we are going to do this whole long list of things before the christmas recess. it is simply impossible to have the time to do them right. >>neil: you are listening to the republican leader of the senate, jon rile -- jon kyl who
said if they tamper with the estate tax, they had that agreed to, you touch it, you lose it. he was one of the stronger advocates for leaving that compromise as is. in the middle of this debate we have $1.1 trillion spending bill dropped on these guys and omnibus spending bill that would take care of federal spending through all of next year. keep in mind our debt limit has been raised, essentially a credit line, and the democratic leaders have applied spending to paper to keep that going. some of the earmarks and extenders and add-ons including the republicans are saying there has to an better way to handle this. we will deal with a temporary extension but we are not going to accept this. and reaction to how this goes
down in the house of representatives, republican congressman from utah. congressman, this came out of nowhere. what are you going to do? >>guest: i am a "no." there is no doubt. ducking cover, congress is in session and they are handing out presents and didn't we just have an election about this? we had an election about this. we said we would not do it but the democrats in senate are not listening to that. and i hope my colleagues will understand the gravity of this situation and absolutely, there is no way, this is unfair, to spend that keep of money with no debate and dialogue. >>neil: there are a lot of goodies in this. we are trying to rush had through and how much of this is nonsense and how much is substance. extending, obviously, ongoing problems. but are you saying you would not vote for it if it were the first thing you had to vote open, ahead of the tax cut compromise which i get to in a moment, and
start and the other things, you would say, not that these would happen in the house, by the way, but you would say "no." >>guest: you have to start as a default on "no," if you do not get the process right you do not have a good result. if do you not have openness you do not get a good bill so if they will drop something that is $1 trillion and say vote on it when hours, "no way," we have not read it. >>neil: but that has not stopped you or your colleagues before. on the tax cut compromise, when you were with me a now days ago, you heard about some of the extenders and add-ons and debating, do i want to vote for it? or not? because 90 percent is tax cuts and you were hedging. you are off the hedge. now you are saying, you would not vote for it. >>guest: no, no, no. look, i understand no one person gets everything. i understand that.
but if you look at this package which is valued near $900 billion, a third of that, a third of it, has nothing to do with the bush-era tax cuts but this is close to $300 billion that is added to our debt and there is not one dime, thought one dime as an offset. nothing is cut. a classic example of congress just putting the ball down the field and department. >>neil: what about your republican colleagues who are fine with that, get it done, come back and when you are in the majority you take care of it. >>guest: i can say to the representatives of utah, wanting to get serious about debt and fiscal discipline and jobs and the economy, that is issue one, and we said to achieve that we need certainty and according to the wall street journal article by romney, this exacerbates the uncertainty if america because
it did not deal with the tax situation and we have $300 billion outside the bush-era tax cuts and at $300 billion added to our national debt without cutting a dime. no offset. that is unfair. not right. >>neil: and you are talking about romney being against the compromise. so, it seems when the republican party there are tea partiers and the mainstream republicans, and it does not follow that black and white but where do you stand? >>guest: fiscal discipline, the need to hold our economy is paramount to me and this does not achieve that goal. i am not going to get everything i want, at a press conference that originally happened the president said we needed $56 billion to extend unemployment, and we have a $3.5 trillion budget and you cannot fight $56 billion and $3.5 trillion, we are paying $500 million to $600 million a day on interest. and now we had $300 billion?
$300 billion to our debt? i don't see how we can do that. >>neil: but you think it will pass the house of representatives? >>guest: if they tinker with the estate tax all bets are off but the momentum is suggesting yes, they will swallow hard and go ahead. i want my colleagues to defend it. why hear many arguments on that side. >>neil: and now the spending bill, funding for the $1.1 trillion monster including lots of money for the health care law, defight a virginia judge shooting down part of the law. and now our next guest from utah. governor, john boehner and others have said, you can stop this at the pass in your respective states, and because the main component of health care is now called into
question, why pursue anything else with this law? are you in that camp? >>guest: yes i am. but utah actually started working on health care reform three or four years ago so as a state we have been concerned about health health care reforme think the model everyone should follow is the state taking the lead on health care reformal. i don't believe we have defined health care reform very well. and clearly a centralized approach from washington, dc, a one-size-fits-all approach, is actually the wrong path. >>neil: it is interesting, governor, we have focused on wall street and the big board and the dow at an all time high this year better than a two-year high going back to before the financial meltdown and do you think the markets are encouraged by a compromise on a tax bill? again, your congressman's comments notwithstanding, and the fact that health care, at least some of the expensive portions of it, are being called
into question? we could be running to a fiscal soundness? how do you define it? >>guest: i think fiscal responsibility and fiscal fitness is something that the american people want to see. they want to see it in our states. and state generally balance their budgets. we live when our means. the concern the american people are finding as a concern is washington, dc establishment, that seems like spending is just something we do without accountability. the marketplace out there right now is mixed up because of the uncertainty. and i agree with what has been said as far as the uncertainty and the lack of predictsibility in the marketplace and we need certainty. the bush-era tax cuts should be made permanent so there is certainty. on fox network i heard last weekend 1.9 trillion dollars on capital on the side lines not
being engaged because of uncertainty. nationally we have to bring certainty to the marketplace. >>neil: are you worried that when your party, something bigger is developing, governor, that you are hearing how romney is saying "no," to the compromise, and now you have some republicans saying we are not on to this, and that there is, we focus on the fight when democratic party between the hardcore left and the establishment. but maybe there is something like that going on with republicans. but in this case, maybe the hardcore conservatives. and the establishment. >>guest: well, as states and as governors we have to do something. we democrats and republicans alike, are united on fiscal prudence and fiscal responsibility and providing economic opportunity when our
own borders and we have to governorrer -- govern and execute. they are talking about the same things they did 10 years ago. but the american public wants something done. compromise is the art of politics. it is good and well. there needs to be healthy debate and we need to debate principles more often than labels. no reason why fiscal responsibility is a democrat or republican point of views but should be all of our point of view. to not spend more than you take in, control debt, and we have 50 states out there that are labs of democracy, i don't not empower the states to find solutions to our problems particularly health care opposed to looking into a one size fits all solution from washington, dc. that puzzles even me. >>neil: thank you, governor.
medicare supplement insurance plan card. wherever you go, nationwide, your coverage travels with you. and that's just one of the many reasons... you need a card like this. with all medicare supplement insurance plans, you can choose from a range of plans... and keep your relationship with your own doctor that accepts medicare. if you're turning 65 or older... or you've already enrolled in a medicare supplement plan, call now for this free guide to understanding...
medicare and information kit... on aarp medicare supplement plans, insured by unitedhealthcare insurance company. as with all medicare supplement plans, these help cover some of your medical expenses... not paid by medicare alone. this could save you thousands of dollars. look, want to do away with almost all claim forms? like the sound of no referrals needed to see a specialist? you get all that, too. call now to get your free information kit... and guide to understanding medicare. yep... this is one great card! call this toll-free number now for this... free information kit and medicare guide. but now, to get it really cooking, you need a little website development. some transparent reporting, so you know it's working. online ads and 1-on-1 marketing consultation. yellowbook's got all that. yellowbook360 has a whole spectrum of tools. the perfect recipe for success.
romney here were i believe that the compromise that is from president obama is a troa mistake for the republicans. he is right. it makes no sense for us to extend for a temporary basis the bush-era tax cuts to add $1 trillion more to the deficit. this is not what the tea party sent the republicans back to the house. >>neil: you agree with romney's message, what is the problem with romney? >>guest: well, personally, no problem, but the problem in the past is he has been slow jumping in to be a conservative and spends time sticking his toe in the warm to see if it is warm before he jumped in. the tea party is the every day average american working and paying the bills. we want conservative warriors people that are going to do the right thing, and damn the torpedoes and we do not see that where the new congress in january. >>neil: so when romney says that he is against this
compromise and against all the waste that is in it, that should be music to your ears but you don't think his heart is in it? >>guest: looking back, i liked a lot of what he has said in the past and he will have problems getting beyond the romney care in massachusetts but i agree open the sick. a bad deal for the republicans. if americans want to compromise with the democrats, we would have voted for democrats in the last election. we are now a month later and we see the republicans are back to their same old trucks adding money to the deficit, and adding debt to america. we want them to do the opposite. not compromise with president obama but destroy the liberal message the last two years and the republicans before that. >>neil: didn't ronald reagan say if i get 80 percent of the loaf that is better than losing? >>guest: i will vote for anyone who agrees with me 80 percent of the time or 70's
percent but not those who vote 20 percent or 30 percent. >>neil: but you have a situation here where republicans are getting 80 percent to 90 percent of what they want in the measure, an extension of the bush rates for everyone and the social security fica tax relief, so most of what you want. you reject all of it because you did not get all of what you wanted? >>guest: i would reject this. there are a couple of reasons. first of all, it only citizens rates for two years until 2012, a business american is not going to invest in a company or expand --. >>neil: deal with that in the new congress. >>guest: exactly but i would vote leak senator demint and congressman penc, straight up or down on extending and make permanent the bush-era tax cuts rates and leaving the
unemployment and fica and deal with it later. >>neil: you think this could lead to all the rates retroactively going up and people look back at you and the tea partiers and the others would voted against this measure, well it was in our hand and you took it. >>guest: this is like paying a deal to not get pudged in the -- get punched in the nose this week so you will break my leg next week. if the democrats want to railroad through the tax increases let them do that but the people will judge them accordingly like we did in november. >>neil: all right. >>guest: one other thing, i would encourage all of the congressional republicans to put down the kleenex and drink testosterone. >>neil: now, now, now, don't
be petty. e must have saved some money with geico. reminds me of the gecko mating call. really? how does that go? shoo be doo be doo. geico. 15 minutes could save you 15% or more on car insurance. ♪ ♪ ♪ [ male announcer ] print from any mobile vice so your ideas can be there even when you're not. introducing the new web-connected printers
with eprint from hp. that saves you hundreds of dollars a year. it's called the new humana walmart-preferred prescription plan. ♪ it's a breakthrough in medicare prescription drug plans... hey buddy! hey grandpa! ...with monthly plan premiums less than $15 and coys as low as $2. but for savings this big, visit walmart.com or call 1-800-808-400 introducing the new humana walmart-preferred prescription plan. dicare prescription drug plan that's a step forward in health care... and a step forward in affording the things that really matter. but don't forget, you can only save if you enroll by december 31st. ♪ call humana to take advantage of the medicare prescription drug plan with the lowest national premium in the country. go to walmart.com for more details. ♪
i'm off to the post offic.. ok. uh, a little help... oh! you know shipping is a lot easier with priority mail flat rate boxes. if it fits, it ships anywhere in the country for a low flat rate. plus, you can print and pay for postage online. and i can pick them up for free with package pickup. perfect! cause i'm gonna need a lot of those. wow! i knew i should have brought my sleigh. priority mal flat rate shipping starts at $4.90 only from the ptal service.
>>neil: the democratic senator durbin trying to make people feel guilty about being rich? >> the spirit of the season says god bless tiny tim and donald trump giving the wealthiest a tax break when they do not need it, and it was part of the compromise the republicans insisted on. >>neil: and the donald trumps out there around their money and they deserve it. dave joins me from his hit radio show. what do you think of that? >>guest: well, i hesitate to say this but i will say it. he is a thief. and i am tired of the thieves in congress. they are stealing. and using the government to do it. money is private property. and when you system out a segment of the culture, rich,
poor, by race or any other demographic, and decide to target them for destruction and you will use your power in the government to do that, if you want to make a statement like that, i will join him in absurd statement club and say "that senator is a thieve." >>neil: whether you share that view or not, it is interesting that we cannot let go. we made an agreement. and a compromise. and consensus. led by the president. and tip your hat to me, move the ball forward, he made it clear he did not believe in it but if you make a deal, to come back and trash the deal makes me wonder whether you will stick to that deal. >>guest: well, i don't know what the president is going to do. i know we have a group of people in this country that have truly become socialists and by the textbook definition of the word.
that is not name-calling. but socialism is a concept of redistribution of wealth. you learn that in economics 101 in college assuming the people ever did that. >>neil: but what if they argue there they like it or not, whether they believe in it, the dick durbins and others, in the interest of moving on, move away from what you just said. >>guest: well, the problem is, they keep hammering at the issue using absurd statements that cause class warfare anden vi. this country was build by success being good and 80 percent of america's millionaires are first generation. they did not have a silver spoon. donald trump included. he started from nothing. read his books.
>>neil: not quite nothing. >>guest: but not near the tycoon he is today. nowhere near that. and the same with bill gates and warren buffet and the same with oprah and the same with other men and women who started from nothing and grew the wealth. by definition that is private party. and they should not be punished for that. we have to quick this class warfare stuff and the idea that, well, you have two cars and i have sun so i should take one of your cars and i will use the government to do that. >>neil: i don't know what you had for breakfast but you are in rare form. good to see you again. >>guest: you, too, brother. >>neil: the dow at the high of the level in two years and look up for tax cuts and the judge smacking down health care and c.e.o.'s are ready to hire and stocks are ready to soar.
and charlie is here as a lobby because of the success of his book. what do you make, i was reading your comments and it made sense. at the love the pieces are coming into play. >>guest: i am a pessimist on things like this. i think the president is one of those impediments to market growth because i never thought 6 him as a compromiser despite what he compromised on the tax deal. i will say this. >>neil: you do not believe in the compromises? >>guest: he did compromise he had to. if you look at the different aspect aspects what is in play beside we have stable fiscal policy for two years, and aside from the fact he has to run against reversing it, an obama presidency in danger certificate good for the marks and the economy. businesses are worried. and the fact you have low
interest rates and bank capital at high levels, and you have businesses saying if we can get clarity on fiscal policy for the next two careers, we may hire again, the fact you have a key plank of obamacare being struck down, anything that slows the implement face of obamacare which most businesses whether they understand the law or not knowing it, really, they believe the costs will go up. >>neil: did that add to uncertainty? >>guest: it led to the certainty that parts of not be pushed through to law. until million and -- and they like that? >>guest: yes, and a pessimist like me is optimistic. we need spending cuts. no doubt. the bond market play as huge roll. today, bond prices are spiking, so it cost mors to borrow. and yields are going up. and if you want --.
>>neil: some say that is a redpletionz of the tax compromise. >>guest: it means that paul ryan is the most important man in america. the head of the budget committee. in the house of representatives. he will have to live up to his promise to cut and if he does that and he has to, the bond market will force him to do it, i think, well ... i am feeling good for some reason. >>neil: but the only thing, with that environment if place, president obama is re-elected what the guys do not want --. >>guest: he, in order to appease the left and he said so, he will run against the tax compromise. he has to run on raising taxes and saying how great obamacare is and if you look at the polls this country has moved pretty, not far to the right but moves significantly to the right on taxes and spending. they want less taxes, less spending. >>neil: we are getting word
senator kyl in the senate saying they could vote on this final measure at 6:00 p.m., and that would pass. >>guest: the house of representatives is the battle. >>neil: what does that mean for the omnibus monster cropped in the -- dropped in the middle? >>guest: tough question. i was pessimist last week but if you listen and read the tee leaves, it is coming down to the estate tax. that sounds trifling. maybe it is not. >>neil: but senator kyl said don't touch it, you do, you are done. >>guest: would they let it blow up on the estate tax? >>neil: wiser heads should prevail but i have seen wiser things prevail for less.
>>guest: most people want a compromise on this. both sides want this. >>neil: but a lot of the guys are not normal. >>guest: how do you define "normal." >>neil: good question. >>guest: i like lower taxes. the markets like lower taxes. businessmen like lower taxes. there is a lots of spending in this but they will cut, too. >>neil: thank you, charlie. time for joe to go in 90 seconds left. and, maybe, finally, we will know. we will know.
stella: hmmm. we're getting new medicare benefits from the new healthcare law. jane: yea. most people will get free cancer screenings. and 50 percent off of brand name prescription drugs if you're in the donut hole. stella: you read my paper. jane: i went to medicare.gov. it's open enrollment, you know. so i checked out all the options and found a better plan to fit my budget. stella: well, you know what they say...knowledge... jane: knowledge is power.
-- joe miller demanding a recount. and senator murkowski saying pack it in but he is taking the case to the alaska supreme court and they will hear the case on friday. and senator murkowski will not talk but miller joins me on phone. joseph, now a recount? you should have done this at outset? >>guest: well it goes beyond the disd that applies to the count. that is what we are trying to get clarified by the court. so we have to follow the statute as written by the legislator or create all sorts of problems so until you have a standard you cannot have an accurate count. >>neil: when you go to the highest court what is your argument? >>guest: well, there are several arguments we took before the court. our notice was filed yesterday. the two major issues are, one, the statute is written bit legislature and does not require what it says and that is the
name that is written for write in candidate must match the candidate and do we count the ballots the same for re-- for those hand written in and those counted on the preprinted ballot >>neil: should you do what al gore did in florida after the whole debate over what state's election. that to demand a full recount of all counties, the entire state, right away, or select counties that the gore folks thought that benefits them. and that is then and this is now, a very different circumstance but the argument is, it is too late for you to do this now. what do you say? >>guest: we have done everything according to the law and we have a procedure to
follow under statute for a new count. but the problem is, although we have not yet hit the deadline, the problem, and that deadline follows the certification by the state, and that has none -- has not happened yet and if the state grants our request of a recount the state will do that by two approaches. one by ought -- by automatic on preprinted and the other for the other ballots. so if they do what we requested we still have the same problem we are faced with and that requires a court intervention. >>neil: the gap is such if you allow for the 10,000 count gap that are in dispute because of misspell insurance and what have you it is uphill battle. i have the former bush press spokesman on the show yesterday
with me, joe, and she was telling you to give it up, from dana yesterday. >>guest: he is a smart lawyer and maybe he thinks he has a legitimate way to get her out of the senate race but most, most people have accepted she will be the, continue to be the senator from alaska. >>neil: what do you say? >>guest: i will repeat what i have said. this is a contest that not necessarily at this point is about the rule of law. do we set up a situation in alaska where any future election where we have a bureaucrat that determines the outcome of an election rather than the law itself? so, this is something that is we myid and -- that is being denied and it creates an atmosphere where the alaskans cannot rely on the elections in the future.
i know we are fighting the right fight and we will continue it as we committed to those who supported us during the election. >>neil: thank you, joe miller, still in it to win, or try, from alaska. can you believe ten days until christmas? tomorrow we are like from new jersey at the mall to get out with the folks and get their thoughts on where they are thop -- shopping and we have a former new jersey governor and many, many others including the stars of ... new jersey.